R v AS [2023] NSWSC 885

R v AS [2023] NSWSC 885

It is in the interests of the administration of justice, having regard to the psychological impact on the witness and the adequacy of remote facilities, to permit the witness WN to give evidence via audio visual link from a place other than the courtroom, as there is no unfairness to the accused and no substantial procedural disadvantage.

Parties
Crown: Rex; Accused: AS
Jurisdiction
Australia
Judgment Date
31 July 2023
Procedural Posture
Criminal Trial / Pre Trial Procedural Determination
Outcome
Application granted
Legal Topics
Evidence by Audio Visual Link, Testimony of Traumatised Witnesses, Administration of Justice, Remote Evidence, Fair Trial
Criminal Law Criminal Procedure Evidence by Audio Visual Link Testimony of Traumatised Witnesses Administration of Justice Remote Evidence Fair Trial

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Parties

Rex

Crown

AS

Accused

Procedural Posture

Criminal Trial / Pre Trial Procedural Determination

Legal Issues

  1. 1 Whether witness WN should be permitted to give evidence by audio visual link from a remote location under s 5B(1) of the Evidence (Audio and Audio-Visual Links) Act 1998 (NSW) despite the accused's opposition on grounds of fairness.

Ratio Decidendi

It is in the interests of the administration of justice, having regard to the psychological impact on the witness and the adequacy of remote facilities, to permit the witness WN to give evidence via audio visual link from a place other than the courtroom, as there is no unfairness to the accused and no substantial procedural disadvantage.

Court Disposition

Application granted

Orders

  • WN is to give evidence to the Court by audio visual link from a place within New South Wales, other than the courtroom at which the Court will sit pursuant to s 5B(1) of the Evidence (Audio and Audio-Visual Links) Act 1998 (NSW)